DUI Checkpoints In Summit And Portage Counties To Continue Throughout Summer.

Posted By
DiCaudo & Yoder, LLC

Those of you out of the road after 11:00 pm the last few weeks have probably
noticed congested traffic and delays due to some of the check points throughout
the Summit, and Portage County areas. We have been told that these check
points are going to continue throughout the summer so be careful.

Sobriety checkpoints function as a general purpose investigatory tactic
where police can get a close look at passing motorists by detaining them
briefly. These checkpoints are not always used for the sole purpose of
determining whether someone is intoxicated. A roadblock stop is quick,
but it gives police a chance to check tags and licenses, while also giving
officers a chance to peer into the vehicle for a moment.

Remember that your constitutional rights still apply in a roadblock situation.
Though police are permitted to stop you briefly, they may not search you
or your car unless they have probable cause to believe that you are under
the influence or you agree to the search. It is also important to remember
that you are not required to answer any of their questions or perform
any of the tests that they request.

If you are approaching a checkpoint be cognizant that the police will be
watching you from a distance. It is extremely difficult to evade a checkpoint
because the police will usually have vehicles farther away watching you
as you approach. Furthermore, since the Supreme Court's ruling in
Illinois v. Caballes police have been able to use drug-sniffing dogs in roadblock situations.
They usually will walk the dog around the vehicle and if he "alerts"
to a particular area they can then search the vehicle.

Sobriety checkpoints are generally permitted by the courts, but the police
are required to conduct the roadblocks properly. There are many different
aspects of a roadblock that can be attacked by a good attorney.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.